Legal Question in Family Law in Virginia
Death and Iassets
My husband has a child from a first marriage. Would she be entitled to his assets, even though we bought it together and I have a child?
1 Answer from Attorneys
Re: Death and Iassets
This is actually a Wills and Estates question, not a Family law question.
In Virginia any child of his is his heir. If he dies without a Will, the Virginia Intestate Laws provide that when a man dies with a wife but children of different mothers, wife gets half children get half.
The easiest solution (not that I advocate disinheriting one of his children) is for you and he to own real estate as Tenants by the Enterities - which means you get the whole asset when he dies - and then he could always write a Will leaving the rest of his estate to you. One can do whatveer one pleases in a Will, the problems come in when there is no will and "blended" families from many sources.
Good luck.